Elvis Radio Terms and Conditions

Thank you for choosing ELVIS RADIO. ("ELVIS RADIO"). These are the Terms and Conditions (the "Terms") for your subscription to the ELVIS RADIO service. Please keep this copy of the Terms for your records.

If you do not accept these terms, please notify us immediately (our address and phone number are below) and we will cancel your subscription. If you do not cancel your subscription within 7 days, it will mean that you agree to these terms and that they will be legally binding on you. Elvis Radio provides you with, and you agree you have received, an express opportunity to accept and decline these terms and conditions and to correct errors immediately before you enter into an agreement with Elvis Radio for the service.

CONTACT INFORMATION: You may contact Customer Care number 0870 067 2545.

ELVIS RADIO
Attention: Customer Care

1. GENERAL.

a) Programming. ELVIS RADIO (the "Service") may consist of a wide variety of music, news, talk, sports, children's and other entertainment. Many different and changing considerations affect the availability, cost, and quality of programming and customer demand for it. Accordingly, we reserve the unrestricted right to change, rearrange, add, or delete programming, including cancelling, moving or adding particular channels, and our prices, at any time, with or without notice to you. You always have the right to cancel your subscription to the Service (your "Subscription"), in whole or in part, if you do not accept any change. If you do not cancel your Subscription within 30 days of a change, your continued receipt of the Service will constitute your acceptance of such changes.

b) Eligibility; Use Limitations. You must be at least 18 years old to assume the obligations set forth in these Terms. Minors may use the Service only if a parent or legal guardian assumes the obligations set forth in these Terms and thereby assumes full responsibility for the minor's use of the Service. We provide the Service only for your personal, non-commercial enjoyment. You may not make commercial use of, reproduce, rebroadcast, or otherwise transmit our programming, or record, charge admission for listening to or distribute play lists of our programming. If you use the Service for commercial purposes, we reserve the right to charge you our commercial rate retroactively to the beginning of your Subscription. Notwithstanding the provisions of Section 9, we or any of our programming partners may prosecute violations of the foregoing against you and other responsible parties in any court of competent jurisdiction, under the rules and regulations of the Office of Communications ("Ofcom") and other applicable laws. Subscription to the Service does not grant you the right to use any of our or our partners' trademarks.

c) Service Area. We offer the Service solely in the UK. If your service address is not in the UK, your ELVIS RADIO Receiver (as defined below) may not be activated to receive the Service. We reserve the right to verify any address you provide, and to terminate your Subscription and keep any payments you have made to us, in the event you have provided an incorrect service address.

d) Safety. It is your responsibility to exercise discretion and observe all safety measures required by law and your own common sense. ELVIS RADIO assumes no responsibility for accidents resulting from or associated with use of the Service.

e) Parental Control. Some programming may include explicit language. It is your responsibility to impose listening restrictions that you consider appropriate on your family members and guests as you feel appropriate. We are not responsible for content that you or anyone else may find inappropriate. Please contact Customer Care to discuss options for channel blocking.

2. SPECIAL OFFERS; CHANGES TO TERMS AND CONDITIONS.

a) Special Offers. We may from time to time make available special offers which supplement or modify the terms and conditions set forth in these Terms. Details of such special offers, including eligibility requirements for participation, will be made available separately. In the event of any conflict between these Terms and the terms of such offers, the terms of such offers shall govern. Only offers made or expressly authorized by ELVIS RADIO can alter the terms and conditions set forth in these Terms.

b) Changes to Terms and Conditions. We reserve the right to change these Terms, including our fees and charges, from time to time. If we make any changes, we will send you a notice describing them and their effective date, in the manner described in Section 10(a), or we will send you an entirely new set of Terms to replace these Terms. YOU ALWAYS HAVE THE RIGHT TO CANCEL YOUR SUBSCRIPTION AT ANY TIME IF THE TERMS ARE NOT ACCEPTABLE TO YOU. If you do not cancel your Subscription within 30 days, your continued receipt of the Service will constitute acceptance of the changed Terms. If you notify Customer Care that you do not accept such terms, then we may cancel your Subscription as provided in Section 6.

3. SERVICE INTERRUPTIONS.

Service may be unavailable or interrupted from time to time for a variety of reasons, such as environmental or topographic conditions and other things we cannot control. Service might also not be available in certain places (e.g., in tunnels, parking garages, or within or next to buildings) or near other technologies. We are not responsible for any interruptions of Service that occur beyond our reasonable control.

4. RECEIVERS.

a) Authorized Suppliers. You may access and use the Service only with equipment authorized to receive the Service. WE ONLY PROVIDE THE SERVICE. We do not make or install any of the receivers ("ELVIS RADIO Receivers") or related equipment ("Equipment") you may use to receive the Service. You must purchase your ELVIS RADIO Receiver and Equipment, and any repairs, parts, installation or service, from an authorized seller or manufacturer. We are not liable for any damage to your vehicle, home or other property resulting from installation or use of any ELVIS RADIO Receiver or Equipment. We do not warrant any ELVIS RADIO Receiver or Equipment in any way whatsoever and are not responsible for the advertising, statements, practices, promises, services or warranties of such sellers or manufacturers. If you have any complaints about your ELVIS RADIO Receiver, Equipment or installation, you should direct them to your authorized seller, manufacturer or installer. Returns of ELVIS RADIO Receivers and Equipment are subject to your authorized seller's or manufacturer's return policy.

b) Multiple ELVIS RADIO Receivers. If you add additional ELVIS RADIO Receivers, you must purchase a separate Subscription for each one. All of your Subscriptions may be on a single account.

c) Loss of Equipment. You should report to ELVIS RADIO and cancel or suspend (see Section 6(d)) your Subscription if your ELVIS RADIO Receiver is lost, stolen, sold, transferred or otherwise removed from your possession without your permission. Otherwise you will continue to be liable for use of the Service.

d) Technology. You may not, and you agree that you shall not, copy, decompile, disassemble, reverse engineer or manipulate any technology incorporated in, or otherwise modify or tamper with, any Equipment.

5. PAYMENT.

In return for receiving the Service, you agree to pay us as follows:

a) Subscription Fee. YOU MUST PAY THE ENTIRE SUBSCRIPTION FEE IN ADVANCE FOR SUBSCRIPTIONS. You must pay the monthly fee one month in advance for "pay as you go" Subscriptions. You must pay by credit card, at the rates in effect at the time of payment, for any Service ordered for use with your ELVIS RADIO Receiver (including Service ordered by your children or other family members or drivers of your vehicle), with or without your permission, through all periods until your Service is cancelled. You will be responsible for all Subscription fees, other charges and fees and purchases under your account. Our Subscription fees and other charges and fees are subject to change.

b) Billing Statements. Billing statements will be provided only upon request. If you would like to receive a statement for a particular period, please contact Customer Care as provided at the top of these Terms. Please include the name and service address on your account in your letter or e-mail. Statements will show: (1) payments, credits, purchases, and any other charges to your account, (2) your account balance, and (3) the payment due date.

c) Administrative Fees. In order to minimize our monthly subscription fees, we may charge you one or more of the following fees, all of which are subject to change:

1. Activation Fee: We may charge you a one-time fee to activate, reactivate, upgrade or modify each Subscription on your account. The fee is payable in the billing period immediately following the date that the charge was incurred.

2. Cancellation Fee: If you cancel your Subscription prior to the end of a Subscription period, we may charge you a cancellation fee of up to £10.00.

3. Transfer Fee: If you wish to transfer your Subscription to a different ELVIS RADIO Receiver during the term of a Subscription period, we may charge you a transfer fee of up to £75.00. You may only transfer a lifetime Subscription to a different ELVIS RADIO Receiver a maximum of three times.

4. Late Fee: If we do not receive your payment by the billing due date, we may charge you a late fee of up to £10.00 (plus applicable taxes) per month or partial month until the delinquent amount is paid in full, subject to applicable law. We do not extend credit to customers and this late fee is not an interest charge. This fee is reasonably related to the actual expense we incur due to late payment and may be subject to limitations set forth by law in your province.

5. Deposits: If you wish to reactivate your Subscription after a deactivation for non-payment, you must pay your account in full and we may require a deposit toward future service. Deposits will appear on your bills as credits, from which we will deduct our charges. Deposits will not earn interest.

6. Account History: If you request a paper history itemizing past payments and changes on your account, we may charge you a fee of up to £5.00 to offset our costs.

7. Returned Payment Fee: If any bank or other financial institution refuses to honour any payment of yours, we may charge you a collection fee that is the lesser of (i) £10.00; and (ii) the maximum amount permitted under applicable law. You acknowledge that this collection fee is not an interest charge, finance charge or other such charge or payment of a similar nature and that it is reasonably related to the actual expense we incur due to unsatisfied payment.

d) Questions About Your Bill. If you have a question about your Subscription or bill, or if you would like to change or reactivate your Subscription, please contact Customer Care as provided on the first page of these Terms. We will respond to you as promptly as we can. If you write or e-mail Customer Care, please include the following information:

. Your name and service address;
. Your account password;
. The dollar amount in question; and
. The details of your question.

Please do not include any payment with your correspondence. If you wish to dispute any charge, you must contact us within 45 days after the due date of the payment in question (see Section 9 for how to notify us that you are disputing a charge): OTHERWISE YOU WAIVE YOUR RIGHT TO DISPUTE THE CHARGE. Undisputed portions of your account must be paid by the due date to avoid a late fee and possible deactivation of the Service.

e) Payments. You must pay in Canadian dollars by credit card. The outstanding balance is due in full each payment period. We may, in our discretion, accept partial payments, which will be applied to the oldest outstanding charges on your account.

f ) Consents Regarding Credit. In applying to establish an account with us, you authorize us to inquire into your creditworthiness by checking with credit reporting agencies. If you are delinquent in any payment to us, you also authorize us to report any late payment or non-payment to credit reporting agencies.

g) Change of Address or Credit or Charge Card Information. You must notify Customer Care immediately of any change in your name, billing address, service address, e-mail address, telephone number or credit or charge card information.

h) Taxes. You are responsible for all taxes or other government fees and charges, if any, which are assessed based on the service address on your account.

6. CANCELLATION.

a) Term. Please refer to your statement for the term of your Subscription. Your Subscription will automatically renew for a term of the same length, unless you notify Customer Care that you do not wish to renew your Subscription. We will send you a notice advising you that your Subscription is about to renew and the effective date of the renewal, in the manner described in Section 10(a).

b) Your Cancellation. You may cancel your Subscription at any time by notifying Customer Care. If you cancel your Subscription prior to the expiration of a Subscription (that is not a lifetime Subscription), you will receive a refund of any unused Subscription fees based on the number of days remaining in your Subscription. If you cancel your lifetime Subscription, you will receive a refund of Subscription fees based on the number of days remaining in a 4 year Subscription at £1.77 per month. If your Subscription was included in the financing of your purchase or lease of a vehicle, any refund will be payable to your finance company unless the finance company has notified us that your loan has been paid in full. In addition, if you cancel your Subscription prior to the expiration of a Subscription period, we may charge you a cancellation fee of up to £10.00.

c) Our Cancellation. We may cancel your Subscription at any time if you fail to pay amounts owing to us when due (subject to any applicable grace period), violate or breach any of these Terms, or for any other reason. If your Subscription is cancelled, you will still be responsible for payment of all outstanding balances accrued through the cancellation date, including any fees described in Section 5.

d) Suspension. We allow you to suspend and reactivate your Subscription without charge for a limited time if your ELVIS RADIO Receiver or vehicle is lost or stolen (documentation may be required). Please contact Customer Care for details.

7. PRIVACY.

By submitting personal information to ELVIS RADIO, you agree to the collection, transfer, storage and use of your personal information by ELVIS RADIO for the purposes of administering your Subscription and in accordance with our privacy policy. To access our privacy policy, please visit www.prometheusradio.com.

8. LIMITS ON OUR RESPONSIBILITY.

a) DISCLAIMERS. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." WE MAKE NO WARRANTY, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE SERVICE OR YOUR ELVIS RADIO RECEIVER OR OTHER EQUIPMENT. ALL SUCH WARRANTIES (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT) ARE HEREBY DISCLAIMED.

b) LIMITATIONS OF LIABILITY. WE ARE NOT RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSSES RELATING TO THE USE OR PURCHASE OF ANY ELVIS RADIO RECEIVER OR EQUIPMENT OR THE SERVICE, WHETHER BASED ON NEGLIGENCE OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF. OUR TOTAL LIABILITY TO YOU AND ANY OTHER PERSONS RECEIVING THE SERVICE, REGARDLESS OF THE CAUSE, WILL IN NO EVENT EXCEED THE AMOUNTS THAT YOU HAVE PAID TO US FOR THE SERVICE THAT YOU RECEIVED DURING THE SIX MONTH PERIOD IMMEDIATELY PRIOR TO THE SPECIFIC EVENT THAT GAVE RISE TO THE APPLICABLE DAMAGE OR LOSS. THIS ALLOCATION OF RISK AND THE DISCLAIMER OF WARRANTIES IN SECTION 8(a) ARE REFLECTED IN OUR PRICES AND ARE A FUNDAMENTAL ELEMENT OF OUR AGREEMENT TO PROVIDE THE SERVICE.

9. RESOLVING DISPUTES.

In order to expedite and control the cost of disputes, you agree that any legal equitable claim (a "Claim") relating to the Service, your Subscription or these Terms, will be resolved as follows:

a) Informal Resolution. We will first try to resolve any Claim informally. Accordingly, neither of us may start a formal proceeding (except for Claims described in Section 9(d)) for at least 60 days after one of us notifies the other of a Claim in writing. To initiate a Claim, you must send notice by registered mail to the address at the beginning of these Terms. If ELVIS RADIO initiates a Claim, we will send our notice to the service address on file with us.

b) Formal Resolution. Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) arising out of or relating to: (a) these Terms; (b) oral or written statements, advertisements or promotions relating to these Terms (d) the relationships which result from these Terms (including relationships with third parties who are not signatories to these Terms) (collectively the "Claim"), will be referred to and determined by arbitration (to the exclusion of the courts), where applicable. Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us.

If you have a Claim you should give written notice to arbitrate to us at the address at the beginning of these Terms. If we have a claim we will give you notice to arbitrate at your address. Arbitration of Claims will be conducted in such forum and pursuant to such rules as you and we agree upon, and failing agreement will be conducted by one arbitrator pursuant to the laws and rules relating to commercial arbitration in the province in which you reside that are in effect on the date of the notice to arbitrate.

c) Binding Effect. In the arbitration proceeding, the arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Otherwise, the arbitrator's decision is final and binding on all parties and may be enforced in any federal or state court that has jurisdiction. A court may sever any portion of this Section 9 that it finds to be unenforceable.

d) Exceptions. Notwithstanding the foregoing, any:

(i) dispute over the validity of either party's intellectual property rights or our licenses to operate our business; and

(ii) Claim based on Section 1(b) above;

may be decided only by a court of competent jurisdiction. Nothing in these Terms shall affect our ability to terminate your Subscription for non-payment of amounts owed to us when due. Furthermore, nothing in these Terms will prevent us from bringing an action in a court of competent jurisdiction in order to collect any unpaid amounts.

10. MISCELLANEOUS.

a) Notice. Notices to you will be deemed given when deposited in the mail or when sent by e-mail. Notices may be included in statements or other communications to you. We may also provide notice to you by telephone, which will be deemed given when a message is left with you, someone answering the telephone at your residence or on an answering machine or voice mail system at your phone number on record with us. Your notices to us will be deemed given when we receive them at the address (regular or e-mail) or telephone number set forth at the beginning of these Terms.

b) Applicable Law. The interpretation and enforcement of these Terms shall be governed by the laws of the province in which you reside and the federal laws applicable therein. These Terms are subject to modification if required by such laws.

c) Assignment of Account. We may assign your account and all rights and/or obligations hereunder to any third party without notice for any purpose, including, without limitation, collection of unpaid amounts, in the event of an acquisition, corporate reorganization, merger or sale of substantially all of our assets to another entity. You hereby consent to such assignment. You must continue making all required payments to us in accordance with your billing statement, unless notified otherwise.

d) Other. These Terms make up our entire agreement relating to your Subscription. No salesperson or other representative is authorized to change it for you, although ELVIS RADIO may modify it without prior notice to you (see Section 2). If any provision is declared by a competent authority to be invalid, that provision will be deleted or modified to the extent necessary, and the rest of these Terms will remain enforceable. Any specific Terms that expressly or by their nature survive termination shall continue thereafter until fully performed.

11. LAW AND JURISDICTION
These terms and conditions and the relationship between you and ElvisRadio.co.uk shall be governed by and construed in accordance with the Law of England and Wales and ElvisRadio.co.uk and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.